Oregon Guidelines for Lease vs. Purchase of Information Technology

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US-03081BG
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The rate of technology change is increasing, with an emphasis on client/server
technology, faster system development, and shorter life cycles. This has led to spiraling information technology (IT) budgets, driving the need for a re-evaluation of IT management issues. Organizations must find new ways to accommodate technological change. Leasing has recently emerged as a feasible, cost-effective alternative to purchasing equipment, particularly in the desktop and laptop areas.
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FAQ

The three most common types of leases are gross leases, net leases, and modified gross leases....3 Types of Leases Business Owners Should UnderstandThe Gross Lease. The gross lease tends to favor the tenant.The Net Lease. The net lease, however, tends to favor the landlord.The Modified Gross Lease.

Under California law, a lease does have to be in writing to be enforceable, but only when the lease is for a period of more than a year.

The fact is, many companies do not realize that software can be leased, just as regular computer equipment can, and with flexible terms and buyout options. ELEASE provides software leasing plans for hundreds of companies every year, and can customize a payment schedule for your company.

A: The answer is almost always yes. A written agreement can act as a roadmap for the landlord-tenant relationship, especially if a dispute arises. Also, real estate (land) leases for more than one year must be in writing. If a lease for over one year is not in writing, it will generally not be enforceable in court.

The statute of frauds extends to leasing real estate as well. Any lease that won't end within one year from its commencement must be in writing. In other words, leases of more than one year must comply with the statute of frauds.

Among those include the duty to perform repairs and maintenance work within the scope defined in the lease agreement. On the other hand, an office rental agreement (sometimes referred to as a let) does not grant the tenant exclusive possession rights. These remain the prerogative of the landlord or owner.

Leasing will allow you not to get involved in long-term loan payments and you will be able to save a lot of time and effort. On the other hand, if you feel the asset has long-term value to you and you may use it for your business for an indefinite period of time, buying would be the ideal situation.

Leasing and finance companies should think twice before using a standard lease document when a major component or costs of the leased equipment constitutes software. In fact, the statutory framework of the UCC does not allow for a lease of software.

The answer to that question is no. Software arrangements are not a lease because intangible assets are precluded from lease accounting.

For both landlords and tenants, it is important to have a written lease that spells out each term of the tenancy. Without a written lease, it will be more difficult to enforce the provisions of the lease should one party breach the lease terms.

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Oregon Guidelines for Lease vs. Purchase of Information Technology